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(영문) 창원지방법원 2016.08.11 2016고정305
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

And the victim C(n, 47 years old) is a married couple who has been married for about 23 years.

On January 4, 2016, the Defendant wishes to live inside the Defendant’s business failure due to the damage inflicted on D apartment units 311 Dong 1213, Seongdong-gu, Sungwon-si, Changwon-si, Sungwon-si, 2016.

In this context, for the reason that the victim was "humba", the victim was boomed with both hands to prevent the victim from leaving the part of the victim's ship, and assaulted the victim by enjoying the part of the victim's neck by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s statement [this act by the defendant and his defense counsel] asserted that the above act constitutes a legitimate defense or legitimate act to prevent the victim from assaulting the defendant, but in light of the circumstance and situation of the assault in this case, and the method and degree of assault, etc., it is difficult to see that the defendant’s assaulting the victim as stated in the facts of crime included an aggressive intent beyond the passive defensive act, and it is an urgent and inevitable means.

Therefore, it cannot be seen that it constitutes a legitimate act that does not violate social rules or a legitimate defense to protect the current unfair infringement.

Therefore, the above argument shall not be accepted.

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the point of injury) of the Provisional Payment Order;

1. The summary of this part of the facts charged is to assault the victim as described in the judgment that takes the victim’s face by hand one time and another hand on the same ground as the time and place recorded in the facts charged in the judgment.

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